EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES – In General

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PERB precedent defines “impasse” as a point at which the parties’ differences remain so substantial and prolonged that further meeting and conferring would be futile. (City of San Ramon (2018) PERB Decision No. 2571-M, p. 6; County of Riverside (2014) PERB Decision No. 2360-M, p. 12.) An employer may impose new terms after impasse only if it has bargained in good faith throughout negotiations, from “inception through exhaustion of statutory or other applicable impasse resolution procedures,” and its “conduct is free of unfair labor practices.” (San Ramon, supra, PERB Decision No. 2751-M, p. 6; City of San Jose (2013) PERB Decision No. 2341-M, p. 40.) In determining the existence of impasse on a given date, PERB focuses on numerous factors, including: the number and length of negotiation sessions; the extent to which the parties have exchanged information and thoroughly discussed proposals and counterproposals in good faith; and the nature of the unresolved issues and the parties’ discussions of such issues to date. (San Ramon, supra, PERB Decision No. 2571-M, pp. 9-12; Riverside, supra, PERB Decision No. 2360-M, pp. 13-14.) Continued movement on minor issues will not prevent a finding of impasse if the parties remain deadlocked on one or more major issues. (Regents of the University of California (1985) PERB Decision No. 520-H, p. 17.) However, both parties must believe they are at the “end of their rope.” (Riverside, supra, PERB Decision No. 2360-M, p. 13.)